HomeMy WebLinkAboutAgenda Packets - 2007/07/09
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, July 9, 2007
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name
and address for the minutes. Also, please limit your comments to three minutes and sign in on the
sign-in sheet located on the podium.
6. SPECIAL ORDER OF BUSINESS
7. COUNCIL BUSINESS
A. Continued Public Hearing to Consider the Second Reading and Adoption of Ordinance
790, an Ordinance Amending Chapters 3 and 5 of the Mounds View City Charter. (ROLL
CALL VOTE)
B. Second Reading and Adoption of Ordinance 793, an Ordinance Amending the Zoning Code
to Eliminate References to the Former PF Zoning District (ROLL CALL VOTE)
C. Resolution 7113, appointing members to the Comprehensive Plan Taskforce
D. Resolution 7110 Approving the Parks Improvement Plan and Authorizing the Purchase of
Items Associated with the 2007 Parks Improvement Project
E. Resolution 7112 Adopting a Joint Resolution of the City of Mounds View and the Mounds
View Economic Development Authority Consenting to an Additional Extension for the Time
Period to Remove Two Billboards
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7111, Authorizing the Purchase of Festival in the Park T-Shirts for City Council
and Staff.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. May 14, 2007 City Council Minutes
B. June 11, 2007 City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, August 6, 2007 @ 7pm
Next Council Meeting: Monday, July 23, 2007 @ 7pm
Item No. 07A
Meeting Date: July 9, 2007
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Desaree M. Crane Assistant to the City Administrator
Item Title/Subject: Second Reading and Ordinance 790, an Ordinance
Amending Chapter 3 and Chapter 5 of the Mounds View
City Charter.
Background:
The City Council reviewed this item with the Charter Commission Chair Thomas at the
May 7, 2007 W ork Session, for a first reading at the May 29, 2007, City Council
Meeting, and again for another reading at the June 25, 2007, City Council Meeting. The
Mounds View City Council continued this public hearing from the June 25th meeting to
this meeting. Revisions were made by the Charter Commission to Chapter 3 (Council
Procedure) and Chapter 5 (Initiative, Referendum and Recall) to the City Charter.
Discussion:
The Mounds View Charter Commission is requesting the City Council consider adoption
by Ordinance of the proposed Charter amendments that are attached. Attached is
Charter Commission Resolution 2007-01, a mark-up version which outlines the changes
in the chapters.
City staff and the City Attorney have worked with the Charter Commission throughout
the review process and are supportive of the proposed changes to help clarify and
simplify the procedures found in these two chapters.
Recommendation:
It is recommended that the City Council open the public hearing for public comment and
approve Ordinance 790, an Ordinance Amending Chapter 3 and Chapter 5 of the
Mounds View City Charter, subject to final review by the City Attorney.
ORDINANCE NO. 790
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF MOUNDS VIEW BY AMENDING CHAPTER 3 AND CHAPTER 5 OF THE
MOUNDS VIEW CITY CHARTER
The Council of the City of Mounds View does hereby ordain:
SECTION I. The City Council of the City of Mounds View hereby amends Chapter 3
and Chapter 5 of the Mounds View City Charter by deleting the stricken material and
adding the underlined material as follows:
CHAPTER 3
COUNCIL PROCEDURE
Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be
presented in writing and read in full before adoption, unless the reading is dispensed with by
unanimous consent of the Council. No ordinance shall contain more than one subject.
Such subject shall be clearly expressed in its title. The enacting clause shall be "The City of
Mounds View ordains". No ordinance, except an emergency ordinance, shall be adopted at
the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse
between its introduction and final adoption. Every ordinance must contain a specified
effective date as noted in Section 3.09 of this Charter.
Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by
the Council shall be signed by the Mayor, and attested to, filed and preserved by the
Clerk-Administrator. Every ordinance shall be published at least once in the official
newspaper as soon as practicable no earlier than eight (8) calendar days nor later than
seventeen (17) calendar days from the date of passage, either in its complete form
preceded by a summary of its contents or as a title and summary.1
The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller
than brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City
at no cost. The entire text of the ordinance shall be posted on the City’s web site, if there is one,
in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be
available in the community library, if there is one, or if not, in any other public location which the
Council designates.
In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council
determines that publication of the title and a summary of an ordinance would clearly inform the
public of the intent and effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its
members, direct that only the title of the ordinance and a summary be published, with notice that a
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
printed copy of the ordinance is available for inspection during regular office hours at the office of
the Clerk-Administrator. Prior to the publication of the title and summary, the Council shall
approve the text of the summary and determine that it clearly informs the public of the intent and
effect of the ordinance, and shall further state that the complete text of the ordinance is on file at
the office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to
fulfill all legal publication requirements as completely as if the entire ordinance had been
published. A copy of the publication shall be attached to and filed with the ordinance for
reference. To the extent and in the manner prohibited provided by law an ordinance may
incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code
or ordinance or part thereof without publishing the material referred to in full, so long as the
complete reference to the item is included. (Amended, Ord. 700, 8-26-2002)
Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and
emergency ordinance shall take effect immediately upon its adoption or at such later date as
it specifies. Every other ordinance shall take effect thirty (30) calendar days after its
publication or at such later date as it specifies unless challenged by a petition for
referendum. In the event of a petition for referendum, the Council must suspend the
effective date of the ordinance as specified in Section 5.07 of this Charter.
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12.01. Official Publication. The Council shall annually designate a legal newspaper
of general circulation in the City as its primary official newspaper, as well as an optional
secondary newspaper, in which shall be published ordinances and , other matters required
by law andor this Charter to be so published, as well as suchand any other matters as the
Council may deem itis in the public interest to have published in this manner.
CHAPTER 5
INITIATIVE, REFERENDUM AND RECALL
Section 5.01. Powers Reserved by the People. General Voter Authority*. The
people of Mounds View, reserve to themselves the powers have the right, in accordance
with the provisions of this Charter, to initiate and adopt ordinances and resolutions, to
require measures passed by the Council to be referred to the electorate for approval or
disapproval, and to recall elected public officials. These powers shall be called the initiative,
the referendum, and the recall, respectively to propose ordinances [initiative] and to
require that any ordinance be referred to the voters [referendum], except those that
appropriate money, levy taxes or deal with administrative issues (MN Statute 410.20, as
amended). The voters also have the right to remove elected public officials [recall]. The
term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds
View who first register, or who have registered and are qualified to vote. Per Minnesota
Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those
who were eligible to or did cast ballots in the previous election. For clarity flow charts and
time lines are attached as appendices at the end of this charter. In all cases, the Charter
text shall take priority over the appendices should there appear to be a discrepancy.
Section 5.02. General Provisions for Petitions. A petition provided for under this
chapter shall be sponsored by a committee of five registered(5) to ten (10) members who
are voters of the City and whose names and addresses shallmust appear on the petition
as the Sponsoring Committee. A completed petition may consistconsists of one or more
papers, but each pages gathered together as a single document. Each separately
circulated paper page shall contain at its head, or attached thereto, the information
specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum
and recall. Each signer shall be a registered voter of the City and shall sign their name and
give their street address.The Sponsoring Committee may obtain a sample petition from
the Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures
for petition sufficiency which is based on the total number of ballots cast for President in
the most recent Presidential election. All petition circulators must be voters of the City.
Each separate page of the petition shallmust have appended to it include a certificate
signed and dated by the circulator, verified by oath,. The certificate shall affirm that each
signature appended thereto was made in theirthe circulator’s presence and that the
circulator believes them the page to be contain the genuine signatures of the person
voters whose names it they purports to be. The person making the certificate shall be a
resident of the City and registered to vote. and that each signer was presented with the full
petition. Each signer of a petition must be a voter of the City and must sign and print their
name and give their street address. The completed petition shall be submitted to the
Clerk-Administrator for review. Any personvoter whose name appears on a petition may
withdraw their name by filing a statement in writing filed with the Clerk-Administrator
before saidthe Clerk-Administrator advises the Council of the information related to the
sufficiency of the petition.
Section 5.03. Determination of Petition Sufficiency. The committee shall file the
completed petition in the office of the Clerk-Administrator. The required number of signers
shall be at least fifteen percent for initiative and referendum, and for recall, at least
twenty-five percent of the total number of electors who cast their votes for president at the
last presidential election. Immediately upon receipt of the petition, the Clerk-Administrator
shall examine the petition as to its sufficiency and report to the Council within ten days.
Upon receiving the report, the Council shall determine by resolution the sufficiency of the
petition.
For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and
contain at least the following:
• Petitions for Initiative and Referendum require signatures numbering at least fifteen
(15) percent of the total ballots cast for President in the most recent Presidential
election.
• Petitions for Recall require signatures numbering at least twenty five (25) percent of
the total ballots cast for President in the most recent Presidential election.
If all requirements have been met, the Clerk-Administrator shall report to the Council
within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council
shall immediately declare the sufficiency of the petition by resolution.
Section 5.04. Disposition of Insufficient or Irregular Petition If the Council
determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a
copy of the petition, together with a written statement of its defects, to the sponsoring
committee. The committee shall have thirty days in which to file additional signature papers
and/or to correct the petition in all other particulars, except that, in the case of a petition for
recall, the committee may not change the statement of the grounds on which the recall is
sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall
again report to the Council. If the Council finds that the petition is still insufficient or irregular,
the Clerk-Administrator shall file the petition and notify the sponsoring committee. The final
finding that the petition is insufficient or irregular shall not prejudice the filing of a new
petition for the same purpose, nor shall it prevent the Council from referring the subject
matter of the petition to the voters at the next regular or special election. If the Clerk-
Administrator determines that the petition does not meet the requirements for sufficiency,
a copy of the petition, together with a written statement of its defects, shall be delivered to
the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of
the completed petition. As specified in this Charter, the Sponsoring Committee shall have
twenty-one (21) calendar days to file additional signature papers and/or to correct the
specified irregularity. Within nine (9) calendar days of receipt of the corrected completed
petition, the Clerk-Administrator shall determine whether the petition as corrected meets
the requirements for sufficiency and shall proceed as directed in Section 5.03. If the
petition is still insufficient or irregular, the Council shall direct the Clerk-Administrator to
file the petition as insufficient and notify the Sponsoring Committee within ten (10)
calendar days that no further action will be taken. The final finding that the petition is
insufficient or irregular shall not prejudice the filing of a new petition for the same purpose
unless otherwise specified within this Charter. Except in the case of a petition for recall, it
shall not prevent the Council from referring the subject matter of the petition to the voters
at the next regular or special election.
Section 5.05. Ballot Measure Requirements. If a measure meets the requirements
to be put on a ballot and is in compliance with Chapter 4 of this Charter, at or before its
next regularly scheduled meeting, the Council shall pass a resolution placing the measure
on a ballot. If it is within one hundred twenty (120) calendar days of a primary or general
election and all of the county election requirements can be met, the measure shall be
placed on the ballot at the next regularly scheduled election.
If a measure meets the requirements to be put on a ballot but cannot be placed on the
ballot at a regularly scheduled election, at or before its next regularly scheduled meeting,
the Council shall pass a resolution placing the measure on the ballot and calling for a
special election to be held within one hundred twenty (120) calendar days of said
meeting. However, no special elections can be held between a regular primary election
and a regular general election or forty (40) calendar days after a regular general election.
If there is no regular primary election then no special election shall be held within sixty
(60) calendar days prior to a regular general election.
Section 5.05.06. Initiative*. Any An ordinance may be proposed by a petition
which shall state at the head of each page or attached thereto the exact text of the proposed
ordinance. If the Council passes the proposed ordinance with amendments, and a majority
of the sponsoring committee do not disapprove the amended form by a statement filed with
the Clerk-Administrator within ten days of its passage by the Council, the ordinance need
not be submitted to the voters. If the Council fails to enact the ordinance in a form
acceptable to the majority of the sponsoring committee within sixty days after the final
determination of sufficiency of the petition, the ordinance as originally proposed shall be
placed on the ballot at the next election occurring in the City. If no election is to occur within
120 days after the filing of the petition, the Council shall call a special election on the
ordinance to be held within such period.. The exact text of the proposed ordinance must
be stated at the head of each page of the petition or attached thereto. The petition shall
be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one
hundred eighty (180) calendar days during which time a completed petition with
signatures must be filed. Within sixty (60) calendar days after final determination of the
petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council must
either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place
the measure on a ballot as provided in Subdivision 3. Any amendment to the proposed
ordinance must proceed according to Subdivision 2 of this section. If an ordinance is
adopted, it shall become effective thirty (30) calendar days after publication unless the
ordinance specifies a later effective date. If the vote for adoption fails, the ordinance must
be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed
ordinance fails the same measure is prohibited from being brought forward again as an
initiative within six months of the election certification. Failure of a ballot measure for a
proposed ordinance shall not prevent the Council from proposing a similar ordinance.
Subdivision 1. If the Council elects to adopt the ordinance as provided by the
petition without amendment, they shall proceed in accordance with Section 3.05 of this
Charter. During this adoption process, the ordinance cannot be amended but, if adopted,
is subject to the referendum process as defined in Section 5.07.
Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of
the Council, it must be presented to the Sponsoring Committee prior to the first reading of
the proposed ordinance. The Sponsoring Committee shall have fourteen (14) calendar
days from the receipt of the amended proposed ordinance to disapprove the amendment
by majority vote, and file a statement with the Clerk-Administrator. Upon receipt of a
statement of disapproval from the Sponsoring Committee, the Council must either adopt
the proposed ordinance, according to Subdivision 1 of this section, or place the
ordinance, as presented by the Sponsoring Committee, on the ballot as provided in
Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval,
the ordinance can proceed, as amended, according to Section 3.05 with no further
amendments and, if adopted, is subject to the referendum process as defined in Section
5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be
placed on the ballot as provided in Section 5.05. If an amended ordinance is approved at
a first reading, the Council may choose to submit the ordinance, as amended, as a ballot
measure.
Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses
to submit the ordinance as presented as a ballot measure, they shall proceed as provided
for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in its
favor, it shall become effective thirty (30) calendar days after adoptioncertification of the
election results unless the ordinance specifies a later effective date. If the majority does
not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 650, 8-16-2000)
Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it
may be subjected to a referendum by a petition which shall state at the head of each
page, or attached thereto, the exact text of the measure to be considered by the
electorate voters. The Sponsoring Committee must file the completed petition in the
office of the Clerk-Administrator at least ten (10) calendar days before the ordinance
takes effect. If the petition is found to be sufficient under the provisions of Section 5.03 of
this chapter, the said ordinance shall thereby be prevented from going into operation, and
the subject matter of the petition shall be placed on the ballot at the next election occurring
in the City. If no election is to occur within 120 days after the filing of the petition, the
Council shall call a special election to be held within such period, providing the petition has
been found to be sufficient. If a majority of the voters voting thereon favors the ordinance
contained in the petition, it shall remain in effect. If a majority of the electors voting thereon
votes against the ordinance contained in the petition, it shall be considered repealed upon
certification of the election results the Council must immediately adopt a resolution
suspending the effective date of the ordinance until it is decided by a vote of the public.
The Council must also immediately pass a resolution to place the measure on a ballot as
provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance
contained in the petition, it shall take effect immediately unless the ordinance specifies a
later date. If a majority votes against the ordinance contained in the petition, it shall be
considered repealed upon certification of the election results. If the petition does not
meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter,
the Council must adopt a resolution suspending the effective date of the ordinance for
thirty (30) calendar days and the Sponsoring Committee will have twenty-one (21)
calendar days in which to file additional signature papers and/or to correct the specified
irregularity according to Section 5.04. If the final finding is that the petition is insufficient,
the ordinance shall take effect on the date declared by the resolution of suspension. If
the corrected petition is declared sufficient according to Section 5.03, the Council must
pass a resolution suspending the effective date of the ordinance until it can be decided by
a vote of the public and proceed as previously mentioned in this section. (Amended, Ord.
651, 8-16-2000)
Section 5.08. Recall. Consideration by the electorate of the recall of any elected
officer of the City may be initiated by petition. The voters of the City may request a recall
vote of any elected official of the City by petition. The petition shall state at the head of
each page, or attached thereto, a certificate stating the name of the official whose
removal is sought, the grounds for recall, constituting which shall be malfeasance, or
misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and
the intention of the sponsoring committeeSponsoring Committee to bring about the
official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to
circulation. and shall be valid for one hundred eighty (180) calendar days during which
time a completed petition with signatures must be filed. If the petition or amended petition
is found sufficient under the provisions of Section 5.03 of this chapter, the
Clerk-Administrator shall transmit it to the Council without delay, and shall also officially
notify the person sought to be recalled of the sufficiency of the petition and of the pending
action. The Council shall at its next meeting, by resolution, provide for the holding of special
recall election within ninety days after such meeting, except if any other election is to occur
within ninety day period after such meeting, the Council may in its discretion provide for the
holding of the recall vote at that time. The Clerk-Administrator shall include with the
published notice of the election the statement of the grounds for the recall and, also in not
more than 500 words, the answer of the officer concerned in justification of their course of
office. The Clerk-Administrator shall notify the official sought to be recalled of the petition
and proceed as provided in Section 5.03 and 5.04 of this Charter. If the Council declares
the petition sufficient, it shall immediately pass a resolution to place the measure on a
ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of
the declaration of sufficiency, the elected official named by the petition may provide a
response for their own course of action in not more than five hundred (500) words. The
Clerk-Administrator shall include with the published notice of the election, the statement
of the grounds for the recall and the response of the official concerned or a statement
stating no response was received. If a majority of those voting on the recall vote in its
favor, it shall become effective immediately upon certification of the election results. If the
majority does not vote in favor, the recall has failed and a petition for recall is prohibited
from being repeated for that elected official for one year from the date of certification of
the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to
fill said vacancy.
Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be
construed as in any way affecting the right of the electors voters to propose amendments
to this charter which can be proposed in accordance with MN Statute 410.12, as
amended.
* Minnesota courts have limited the powers of initiative and referendum to
ordinances which are legislative in character. General legislative acts lay down some
permanent and uniform rule of law, administrative acts relate to daily administration of
municipal affairs, and quasi judicial acts are the product of investigation, consideration
and deliberate human judgment based upon evidentiary facts of some sort.
SECTION 2. This ordinance shall take effect and be in force 90 days from and after its
passage and publication.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this 29th day of May, 2007.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View
this 9th day of July, 2007.
_______________________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7B
Meeting Date: July 9, 2007
Type of Business: CB
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Second Reading and Adoption of Ordinance 793, an
Ordinance Amending the Mounds View Zoning Code
Relating to the Former Public Facilities Zoning District
Introduction:
In October of 2003, in response to a recommendation from the City Attorney’s office, the City
adopted Ordinance 720 which eliminated the Public Facilities (PF) zoning district from the
City’s zoning map. Each of the seventeen parcels which had been zoned PF (including all
City parks) were rezoned to be included in another appropriate district. In the case of City
parks, the parcels were rezoned R-1, Single Family Residential. An unintended
consequence of the rezoning of the parks was that telecommunication towers and antenna,
which had been a conditional use in the PF district, were no longer permitted.
Background:
In July of 2003, the City Attorney prepared an opinion to the City Council which
recommended that the City re-evaluate the PF zoning district. Based upon the attorney’s
recommendation, the City Council asked the Planning Commission to comprehensively
review the PF district and prepare a recommendation regarding the status of the district. The
Planning Commission reviewed potential alternative zoning districts for affected properties
and agreed upon a supported comprehensive rezoning of the PF properties. Based on the
Planning Commission’s recommendation, the Council adopted Ordinance 720 on October
13, 2003.
Discussion:
It was recently determined that the Code governing the siting of telecommunications towers
(Chapter 1124) is out of date in that it still references the PF district. The regulations
originally contemplated allowing towers in City parks with a conditional use permit. However
since all parks are now zoned R-1, Single Family Residential, towers and antenna are
prohibited (except as allowed on churches, schools or public buildings, but even then no
more than 10 feet above the height of the roof.) Staff brought this issue to the City Council
on May 7, 2007. The City Council expressed a desire that the Code should be corrected
relating to the PF district and telecommunications towers, in that, if towers were conditionally
allowed in parks before 2003, the Code should be amended to clarify that they are still
conditionally permitted in parks today. In addition, the Council requested that any other
remnant inconsistency resulting for the 2003 comprehensive rezoning of PF districts be
identified and resolved.
Ord 793 Report
July 9, 2007
Page 2
Planning Commission Action
The Planning Commission’s reviewed a draft ordinance which eliminated the remnant
references to the PF Zoning District and clarified that telecommunication towers and
antennae would be permitted in City parks with a conditional use permit. The Planning
Commission approved Resolution 866-07 on June 6, 2007 which recommends approval of
the attached Ordinance 793.
City Council Action
The City Council held a public hearing on the proposed ordinance on June 25, 2007,
approving the first reading and introduction. Two amendments were made to the ordinance,
the first was a clarification that “parkland” be replaced with “city-owned land” to eliminate
potential confusion over what constitutes a park, and the second amendment was to add
reference to the City Forester in Subd. 4 of Section 1124.05. Both changes are reflected in
the second reading attached herein.
Recommendation:
The Planning Commission and staff recommend approving the second reading and adoption
of Ordinance 793 and the publication of the ordinance summary (attached) in lieu of the
whole ordinance, as provided by City Charter.
Respectfully submitted,
________________________
James Ericson
Community Development Director
ORDINANCE SUMMARY
ORDINANCE NO. 793
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1105, 1121 and
1124 OF THE MOUNDS VIEW CITY CODE BY CORRECTING
LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT
On July 9, 2007, the Mounds View City Council adopted an ordinance which revised the
Zoning Code relating to the former Public Facilities (PF) Zoning District and related
references to the Wireless Telecommunications Facilities chapter. The amendments
eliminate remnant references to the former PF District and clarify in which zoning districts
wireless telecommunication towers and antenna could be located.
The ordinance and the amended wireless telecommunication facilities chapter are on file and
available for public viewing at the office of the Clerk Administrator. The ordinance is posted
in its entirety on the City’s website, located at www.ci.mounds-view.mn.us/ords/793.pdf.
Kurt Ulrich, City Clerk-Administrator
ORDINANCE NO. 793
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1105, 1121 and
1124 OF THE MOUNDS VIEW CITY CODE BY CORRECTING
LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1105 of the Mounds View Zoning Code pertaining to “Zoning Districts and Maps”
by deleting the stricken language and adding the underlined text as follows:
1105.01: DISTRICTS ESTABLISHED:
Subd. 1. Establishment of Districts: The following zoning classifications are hereby
established within the City:
d. Special Districts:
CRP, Conservancy, Recreation and Preservation District
PF, Public Facilities District PS, Pawn Shop Overlay District
PUD, Planned Unit Development District (1988 Code §40.09)
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1121 of the Mounds View Zoning Code pertaining to “Off Street Parking
Requirements” by deleting the stricken language and adding the underlined text as
follows:
1121.09: STALL, AISLE AND DRIVEWAY DESIGN:
Subd. 5. Curb Cuts and Driveway Openings:
a. Parking Space Size: Each parking space shall not be less than nine feet (9') wide
and eighteen feet (18') in length exclusive of access aisles, and each space shall
be served adequately by access aisles. Spaces designed as curbside parallel
parking shall be twenty-two feet (22') in length.
b. Curb Cut Widths. Widths of curb cuts shall be as follows, subject to
requirements of Subdivision 5e hereof:
Ordinance 793
Page 2
Type of Land Use Maximum Width
of Curb Cut
Public Parks & Preservation Areas
(PF R-1, CRP)
32 Feet
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1124 of the Mounds View Zoning Code pertaining to “Wireless Telecommunication
Facilities” by deleting the stricken language and adding the underlined text as follows:
1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT:
Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and
antennae shall be allowed with the approval of a conditional use permit in the zoning
districts specified in the table below and in accordance with the co-location
requirements stated in Section 1124.04, siting requirements and design criteria stated
in Section 1124.05, and the procedural requirements stated in Section 1124.06. The
procedure for review and action on conditional use permits shall be as stated in
Section 1125.01. Conditional use permits are not required for towers and/or antennae
used by the City for City purposes or public agencies for public safety purposes; or for
repair, adjustment or replacement of the elements of a wireless telecommunication
antenna array affixed to a tower, if the repair, replacement or adjustment does not
reduce acceptable safety standards. The height limitations listed in the following table
shall include all parts of the wireless telecommunication tower and antenna structure
except for that space needed for lightening diffusion apparata. (Ord. 588, 2-10-97)
Zoning Districts Height Limitations With Co-location
CRP and PF
City-owned land
zoned R-1
100 feet, allowed only if incorporated into new or
existing facilities or structures, such as using the
tower as a light standard for ball fields or parking
areas, or into mature tree stands that provide a
suitable screen for at least half the height of the
tower.
120 Feet 2
1124.05: SITING AND DESIGN REQUIREMENTS: The requirements of this section
apply to all wireless telecommunications towers and antennae erected, constructed, placed,
or replaced in the City. All wireless telecommunication towers and antennae shall be
designed and situated to be visually unobtrusive to minimize the impact upon the neighboring
uses and shall conform to the following design and siting criteria: (Ord. 588, 2-10-97)
Ordinance 793
Page 3
Subd. 4. Landscaping and Screening: The wireless telecommunication tower and/or
accessory equipment building shall be landscaped and screened with a mixture of six-
foot (6') tall evergreens and one and one-half inch (1½") caliper ornamental deciduous
trees at a ratio of four (4) evergreens per every one (1) deciduous tree, spaced no
less than eight (8) feet apart on center so as to achieve at least a fifty percent (50%)
opaque screen. Trees may be clustered to create a more natural appearance to the
screening. In addition to these landscape requirements, wireless telecommunication
towers and/or accessory equipment buildings located on City-owned land or in the
PF and CRP zoning districts shall include a mix of shrubbery and/or flowering
perennials in order to enhance and complement the natural features and
environmental value of the City's parks and recreation areas. The landscaping plan
shall be reviewed by the City Forester and approved by the City Council as part of a
conditional use permit (CUP) or by the Director of Community Development and City
Forester, if the wireless telecommunication tower or antennae is allowed as a
permitted use. The City Council or Director of Community Development and City
Forester, as applicable, may waive the landscaping and/or screening requirements
upon request of the applicant if the existing landscaping and screening is deemed
sufficient. (Ord. 588, 2-10-97)
Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or
attached to it in any way except during time of repair or installation, any lights,
reflectors, flashers, day-time strobes or steady night time light or other illumination
devices, except as required by the Federal Aviation Agency, the Federal
Communications Commission or the City. This restriction against lights shall not
apply to towers which have been combined with light standards for illumination of
ball fields, parking lots, playgrounds, or other similar public uses, as provided in
Section 1124.03, subdivision 2 for the PF and City owned land and CRP districts.
(Ord. 588, 2-10-97)
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the City Council of the City of Mounds View this 25th day
of June, 2007.
Second Reading and Adoption by the City Council of the City of Mounds View this 9th day
of July, 2007.
________________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 07C
Meeting Date: July 9, 2007
Type of Business: CB
City Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Community Development Director
Item Title/Subject: Resolution 7113 Appointing Members to the
Comprehensive Plan Task Force
Background:
The City of Mounds View, like all metropolitan communities in the Twin Cities area,
is required to update its Comprehensive Plan by the year 2008. In recognition of
this requirement, the City Council identified the Comp Plan update as one of its
adopted goals for 2007. To help ensure the process moves forward in a timely
fashion while providing addition means of opinion, review and oversight, the City
Council established the Comprehensive Plan Task Force On May 14, 2007.
Discussion:
Staff envisions that the task force would meet once every month or every two
months, depending upon progress and issues being reviewed. The Planning
Commission will take the lead on the comp plan preparation with the Economic
Development Commission and Park and Recreation Commission playing strong
supporting roles. From a staff perspective, Community Development will assume
the lead role on the update with a strong supporting role played by Public Works.
The Finance and Administration departments will also lend support as needed.
As identified in Resolution 7083, the membership of the Task Force is to include a
representative from the following entities:
• Planning Commission
• Economic Development Commission
• Park and Rec Commission
• City Council
• Chamber of Commerce
In addition to representatives from the above groups, the Council desired that as
many as six residents also take part in the task force. Staff has received six
applications from residents, all of whom are recommended for appointment to the
task force.
Comp Plan Taskforce Report
July 9, 2007
Page 2
Recommendation:
Staff recommends approval of Resolution 7113, a resolution appointing members
to the Comprehensive Plan Task Force.
Respectfully submitted,
Jim Ericson
Community Development Director
763-717-4021
RESOLUTION NO. 7113
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING MEMBERS TO THE
COMPREHENSIVE PLAN TASK FORCE
WHEREAS, the Mounds View City Council adopted Resolution 7083 on
May 14, 2007, establishing the Comprehensive Plan Task Force; and,
WHEREAS, according to the resolution, the Task Force is to be
comprised of six residents plus representatives from each of the following entities:
City Council, Planning Commission, Economic Development Commission, Parks,
Recreation and Forestry Commission, and the Chamber of Commerce; and,
WHEREAS, the Task Force is intended to meet once a month (or as
needed) and serve as an advisory body to the City Council and relevant
commissions throughout the amendment process.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
appoints the following individuals to serve on the Comprehensive Plan task Force:
City Council: Al Hull
Planning Commission: Keith Cramblit
Economic Development Commission: Gary Meehlhause
Park and Recreation Commission : Jerry Kunz
Chamber of Commerce: Nate Bjerke
Resident Representative: Mike Haubrich
Resident Representative: Laurie Shoop
Resident Representative: Gabi Kulp
Resident Representative: Jason Kramber
Resident Representative: Valerie Amundsen
Resident Representative: Mary Mullen
Adopted this 9th day of July, 2007.
_______________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 08A
Meeting Date: July 9, 2007
Type of Business: CA
City Administrator Review: __________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Administrative Assistant
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor
licenses will expire on December 31, 2007. All applicants have submitted
appropriate fees and proof of insurance. Those companies that are “new” include
applicants that have never been licensed with the City or they may have been
licensed with the City in the past, but were not licensed in 2006. Those companies
renewing their license were licensed, at a minimum, in the year 2006. The type of
license they are applying for follows the company name.
Hansen Heating, Inc. HVAC New
Opus Northwest Construction LLC General (Commercial Renewal
Superior Heating, Air & Electric HVAC Renewal
Staff Recommendation: Approve license applications as requested.
Item No. 08B
Meeting Date: July 9, 2007
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council
Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane Assistant to the City Administrator
Item Title/Subject: Resolution 7111 Authorizing the Purchase of Festival in
the Park T-Shirts for City Councilmembers and Staff
Discussion
Staff discussed purchasing Festival in the Park T-shirts for City Councilmembers and Staff
at the July Work Session. It was the consensus of the City Council to purchase these t-
shirts for City Staff and City Councilmembers. The purchase of these t-shirts would be
applied to Budget Number 100-4160-1600, and would cost approximately $600.00.
Councilmembers and Staff who already purchased and ordered these t-shirts will be
reimbursed.
The Festival in the Park T-Shirt winner will be attending the July 23rd City Council Meeting.
Staff would like all City Councilmembers and Staff participating in the July 23rd City Council
Meeting to wear the Festival in the Park T-shirts for this occasion.
Recommendation
Staff recommends the approval of Resolution 7111, purchasing Festival in the Park t-shirts
for City Councilmembers and Staff.
Respectfully submitted,
Desaree Crane
RESOLUTION 7111
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE PURCHASE OF FESTIVAL IN THE PARK T-SHIRTS
FOR CITY COUNCILMEMBERS AND STAFF
WHEREAS, the 2007 Mounds View Festival in the Park will commence on
August 19, 2007; and
WHEREAS, staff discussed purchasing Festival in the Park t-shirts for City
Councilmembers and Staff at the July Work Session; and
WHEREAS, the purchase of these t-shirts would be applied to Budget Number
100-4160-1600; and
WHEREAS, Councilmembers and Staff who already paid and ordered the
Festival in the Park t-shirts will be reimbursed.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
authorize the purchase of Festival in the Park T-Shirts for City Councilmembers and City
Staff, with funds coming from Budget No. 100-4160-1600.
NOW, THEREFORE BE IT FURTHER RESOLVED, that City Councilmembers
and City Staff who already ordered and purchased the Festival in the Park T-Shirts will
be reimbursed from Budget No. 100-4160-1600.
Adopted this 9th day of July, 2007.
_________________________________
Rob Marty, Mayor
ATTEST:
_________________________________
Kurt Ulrich, City Administrator
(seal)
Changes made by Kurt Ulrich, City Administrator and Jim Ericson, Community Development Director
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
May 14, 2007 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, May 14, 2007 City Council Agenda 22
23
MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, May 14, 2007 City Council 24
Agenda as Presented. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
Michael Hebert of 2216 Kingsway Lane provided information on the issues going on with his 31
trailer. He then said that the City helped him with this but the City has charged him with this. 32
He further asked Council to explain the letter he received on a correction notice from the City. 33
34
Mayor Marty said that it would seem that the owners of the lot would be responsible for this site 35
correction.. 36
37
Community Development Director Ericson said that it is customary maintenance to level the 38
homes on a periodic basis whenever it is needed and, it was pointed out, that ordinarily Mr. 39
Hebert would need to do that but, the owners of the home park should share in the responsibility 40
since the water line break exacerbated the situation. 41
42
Mr. Hebert said that the park owners leveled the lot next to him and Staff told him to stop 43
leveling his until the issue is corrected. 44
45
Mounds View City Council May 14, 2007
Regular Meeting Page 2
Mr. Hebert said that the lot was smoothed out and some seed planted but, when it rains, there is 1
an issue. He then showed pictures after a rain to Council. 2
3
Mayor Marty asked Staff what recourse Mr. Hebert would have. 4
5
Community Development Director Ericson explained that the owners of the property were sent 6
the same letter as Mr. Hebert. He then said that it is clear that the problem resulted with a broken 7
water main and that is an issue of park maintenance. Staff agreed to contact the property owner 8
regarding the issues. 9
10
Housing Inspector Anderson indicated that he would work with all parties to ensure that things 11
move along. He then explained that some of these issues are civil disputes between the park 12
owners and Mr. Hebert. 13
14
Mayor Marty asked Staff to set up a meeting with the parties to work on a resolution of the 15
issues. 16
17
Brad Busch addressed Council and provided information on setting up a group to look into 18
providing a clinic closer to the City. He then said that he would like the City of Mounds View to 19
have a small clinic sometime soon especially since there are empty buildings in the area. 20
21
Mayor Marty indicated that it has been the goal of Council, for a number of years, to bring a 22
medical clinic to the City. 23
24
Mike Courtney of 5440 Jackson Drive asked for his yard sale stuff back. 25
26
Community Development Director Ericson explained that the materials were put into storage and 27
a letter was sent out with all the information. 28
29
Mr. Courtney said that he got the place cleaned up and he decided to have a yard sale and then 30
the stuff was taken and that is ridiculous. 31
32
Mayor Marty indicated that Mr. Courtney was sited and given 10 days to clean up the yard. One 33
month later the stuff was hauled away. It may not have been the same items but the stuff that 34
was removed was replaced with other stuff and that was removed by the City. 35
36
Mayor Marty explained that ordinances are cited to be followed and Mr. Courtney was given 37
ample time to clean his yard because the City did not step in until 30 days after the notice was 38
given to clean the yard. 39
40
Council Member Mueller said that when someone has a yard sale, and the yard sale day is done, 41
the items of value are put away and are not left out in the yard overnight and these items were left 42
out on the yard for many days. 43
44
Mounds View City Council May 14, 2007
Regular Meeting Page 3
Mayor Marty informed Mr. Courtney that he could go pick up his property if he so desired and 1
asked him to keep his yard clean so that this does not happen to him again. 2
3
6. SPECIAL ORDER OF BUISNESS 4
5
A. Mayor to Read Proclamation for National Public Works Week 6
7
Mayor Marty read a Proclamation for National Public Works Week. 8
9
B. Recognition of Property Managers Spectrum Property Management and 10
Cedar Management Inc., for Achieving Certification Status in the Mounds 11
View Property Maintenance and Crime Prevention Program 12
13
Mayor Marty read the Resolution recognizing Cedar Management Inc. 14
15
Mayor M arty noted that Spectrum was also recognized for its efforts. 16
17
7. COUNCIL BUSINESS 18
A. Public Hearing, Consideration of Resolution 7068, Approving an On-Sale 19
Intoxicating Liquor License for Totino’s Italian Kitchen to be Located at 20
2535 County Highway 10 21
22
Mayor Marty opened the public hearing. 23
24
Assistant to the Administrator Crane provided information on the liquor license request noting all 25
required checks were performed by Staff. 26
27
Rob Busch of 5604 West Bavarian Pass of Fridley said that he is a concerned citizen and belongs 28
to Messiah Lutheran Church and he opposes the liquor license for Totino’s. He then said that 29
there are enough drunks on the roads killing people. There are 11 bars in the Spring Lake Park, 30
Mounds View, New Brighton, Fridley area. 31
32
Richard Janhke addressed Council and asked for consideration of approval as they continue to 33
improve Mounds View Square. 34
35
Mayor Marty said that the City and Council have been looking at the property for a number of 36
years for improvements and the City appreciates the efforts to improve the site. 37
38
Steve Elwell, owner of Totino’s Kitchen, addressed the Council and asked for approval of the 39
liquor license. He then provided background history on his family business. 40
41
Council Member Mueller asked if this location is large enough for the restaurant. 42
43
Mr. Elwell indicated that it will seat about 90 to 96 people and will be adequately sized. 44
45
Mounds View City Council May 14, 2007
Regular Meeting Page 4
Council Member Flaherty asked for a description of the atmosphere of the restaurant. 1
2
Mr. Elwell indicated that they plan to have hours of 11:00 a.m. to 11:00 p.m. and it is a family 3
crowd not a night crowd that would be around until bar close. 4
5
Council Member Stigney asked if they plan a sit down type bar or if liquor is served with food. 6
7
Mr. Elwell explained that there would be a banquet room and then explained the layout of the 8
facility. 9
10
Torri Johnson of 7730 Long Lake Road said that she is thrilled that Totino’s wants to come to 11
Mounds View. 12
13
Hearing no further comments, Mayor Marty closed the public hearing at 8:01 p.m. 14
15
Council Member Flaherty thanked Mr. Busch for his comments. 16
17
Mayor Marty said that it has been a priority for the City to get a medical clinic and another sit 18
down restaurant. 19
20
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7068, 21
Approving an On-Sale Intoxicating Liquor License for Totino’s Italian Kitchen Located at 2535 22
County Highway 10, Subject to the Fire Marshall and Bureau of Criminal Apprehension Reports. 23
24
Council Member Stigney would like to delete the outdoor liquor license endorsement at this time 25
and look at it. 26
27
MOTION/SECOND: Stigney/Mueller. To Amend the Motion on the Floor to Remove the 28
Outdoor Liquor Sales Endorsement. 29
30
Ayes – 5 Nays – 0 Motion to amend the original motion passes. 31
32
Ayes – 5 Nays – 0 Original motion carried as amended. 33
34
B. Continuation of Public Hearing for the Second Reading and Adoption of 35
Ordinance 788, Approving Amendments to Chapters 1102 and 1113 of the 36
Mounds View Zoning Code to Define Neighborhood Motor Fuel Station and 37
Allow Such as a Conditional Use within the B-2 Zoning District 38
39
Community Development Director Ericson explained to Council the steps leading to this point in 40
the process for consideration of this Ordinance. He also asked for approval to publish a summary 41
of this Ordinance, should it be approved. 42
43
Mayor Marty reopened the public hearing. 44
45
Mounds View City Council May 14, 2007
Regular Meeting Page 5
Hearing no comments, Mayor Marty closed the public hearing. 1
2
Council Member Mueller asked whether any negative comments were received from the 3
neighbors. 4
5
Director Ericson explained that no negative comments were received from the neighboring 6
community. 7
8
Mayor Marty pointed out that under Section 2, Subdivision 8, on the last page there is language 9
that leaves this open if the City would determine that some changes need to be made. 10
11
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 788, 12
Approving Amendments to Chapters 1102 and 1113 of the Mounds View Zoning Code to Define 13
Neighborhood Motor Fuel Station and Allow Such as a Conditional Use Within the B-2 Zoning 14
District. 15
16
Council Member Stigney said that he feels this is too intensive of a use for the neighborhood and 17
he does not support it. 18
19
Mayor Marty indicated that this neighborhood fuel station has been in operation for a number of 20
years and it serves the neighborhood well. He then said that he sees this as their way of making 21
the station more efficient. 22
23
Council Member Stigney said that he thinks that servicing eight vehicles at one time is too 24
intensive and that is why he does not support it. 25
26
ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty 27
28
Ayes – 3 Nays – 1(Stigney) Motion carried. 29
30
Council Member Hull abstained from voting. 31
32
C. Public Hearing, Consideration of Resolution 7085, Approving the Feasibility 33
Report, Ordering the Project, Authorizing the Preparation of Plans and 34
Specifications, and Approving a Joint Powers Agreement with the City of 35
Spring Lake Park for the 2007 Seal Coat Project 36
37
Public Works Director Lee explained the City’s plan for the 2007 seal coat project. 38
39
Mayor Marty opened the public hearing at 8:20 p.m. 40
41
Hearing no public comments, Mayor Marty closed the public hearing. 42
43
Council Member Flaherty said that the total cost estimate was $195,700 and asked whether that 44
is before the 10% savings with the Joint Powers Agreement. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 6
1
Director Lee indicated that is before and noted that there is a 10% contingency figured in as well. 2
3
Council Member Flaherty asked whether the 10% would bring the project to within the budgeted 4
amount of $185,000. 5
6
Director Lee said that it should. He then said that Staff has discussed this with Spring Lake Park 7
and they are receptive to working on this with the City. 8
9
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7085, 10
Approving the Feasibility Report, Ordering the Project, Authorizing the Preparation of Plans and 11
Specifications, and Approving a Joint Powers Agreement with the City of Spring Lake Park for 12
the 2007 Seal Coat Project. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
D. First Reading and Introduction of Ordinance 790, an Ordinance Amending 17
Chapter 5 of the Mounds View City Charter. Item Deleted 18
19
E. Resolution 7077, Approving an Abatement of Nuisance Code Violations 20
Associated with the Property Located at 5232 Skiba Drive 21
22
Housing Inspector Anderson explained that Mr. Olin, the property owner was issued citations for 23
nuisance code violations. He was just beyond the appeal period when he requested an appeal and 24
that is why this is before Council. 25
26
Inspector Anderson explained that there is exterior accumulation of debris in the yard and 27
outlined the history of the nuisance issues with this property. 28
29
Mr. Olin addressed Council and said that there were some personal matters that caused these 30
issues. He then said that he deflated the pool and that got rid of the standing water. He further 31
said that the piles of debris were removed by a hauling company. 32
33
Inspector Anderson explained that in the packet of information there are several impact 34
statements from surrounding properties indicating the situation at the property for the last few 35
years. Mr. Olin did get a dumpster that has been removed but he has not been out there within 36
the last week to determine whether things were removed. 37
38
Inspector Anderson informed him that he will need to get a fence permit since a fence is being 39
constructed. He then said that this fence will not allow this situation to continue just because it is 40
screened. He further said that he would recommend postponing or tabling to allow Staff to look 41
into the situation. 42
43
Council Member Flaherty said that he drove by the property and was told by neighbors that a lot 44
of progress has been made in the last two weeks. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 7
1
Council Member Mueller asked whether the doors of the shed are operational as she would like 2
to keep the shed doors closed and secured so that kids do not take advantage of it. 3
4
Mayor Marty indicated he has received numerous letters and calls about this property for a while 5
now. He then said that this has been chronic since 2002 and it concerns him how much Staff 6
time this requires. 7
8
Mayor Marty said that certain items being done to the home are required to have permits to 9
ensure that things are done properly and fencing is one of them. 10
11
Mayor Marty agreed that it would be a good idea to keep the shed closed and locked for safety 12
reasons. 13
14
MOTION/SECOND: Flaherty/Mueller. To Postpone Action Until May 29, 2007 to Allow Time 15
for an Inspection. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
F. Resolution 7071, Consideration of a Suspension of a Multiple Dwelling 20
License 7750 Silver Lake Road 21
22
Housing Inspector Anderson explained that at the April 23, 2007 meeting Council postponed for 23
follow up inspection. He then said that since the last meeting he has been in contact with the 24
contractors that obtained a permit for roof replacement and they have started the work out there. 25
26
Inspector Anderson indicated that the property is not in compliance but they are taking steps to 27
replace the roof. 28
29
Inspector Anderson suggested giving the property owner 14 calendar days to complete the roof 30
repair and repairs to the dwelling that needs the ceiling replaced. 31
32
Council and Staff discussed allowing the property owner 14 calendar days to complete all the 33
necessary repairs. 34
35
Director Ericson suggested adding language to the Resolution to require that the license be 36
suspended if the corrective actions are not taken by May 29, 2007. 37
38
Council agreed. 39
40
MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7071, 41
Consideration of a Suspension of a Multiple Dwelling License at 7750 Silver Lake Road if the 42
Repairs are Not Completed by May 29, 2007. 43
44
Mounds View City Council May 14, 2007
Regular Meeting Page 8
Council Member Flaherty said that he is disappointed that the property management company 1
has not contacted the City. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
G. Resolution 7051, Approving Full-Time Cable Television Coordinator 6
Position and Advertisement for Hire 7
8
Assistant to the Administrator Crane said that, at the work session, there was consensus to move 9
forward with the full time cable coordinator position. 10
11
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7051, 12
Approving Full-Time Cable Television Coordinator Position and Advertisement for Hire. 13
14
Council Member Stigney said that if there were three part time people there would be greater 15
flexibility for the residents for broadcasting at far less dollars. He then said that he thinks that 16
this is a step in the wrong direction and he does not support this. 17
18
Council Member Hull said that this would add a new full time position at the City at a good 19
salary including benefits and he does not feel that it is as efficient as it would be to hire two more 20
part time people for this position. 21
22
Council Member Mueller said that the City expects companies that come into the City to look at 23
full time people and the City expects that the businesses that come to town to offer full time 24
positions and she sees a lot of part time people come and go and this requires constant training 25
for new people. She further said that she feels that this is a vital job within the City and the 26
people that are covering the position are making more than $19.00 or $20.00 an hour. 27
28
Mayor Marty expressed his opinion on the necessity to have a full time cable coordinator 29
position especially in light of the fact that there is not only the cable broadcasts, but also the 30
webstreaming. 31
32
Mayor Marty read the job description and requirements for the position noting he would like to 33
change the wording to be available and coordinate local candidate forums and local town hall 34
meeting because that is only once every other year and needs to get out to the residents. He 35
would also like to add aim to transition into website and newsletter duties as needed. 36
37
Mayor Marty agreed with Council Members Hull and Stigney in that he is not for “growing 38
government” but he feels that this position is vital as it can really benefit the residents rather than 39
turning the position into training to move them on to other facilities. 40
41
Council Member Stigney said that this is the starting salary that will increase every six months 42
and a cost of living on top of it so he feels the salary is very good to call it a training facility. 43
44
Mounds View City Council May 14, 2007
Regular Meeting Page 9
Mayor Marty said that with three part time people the City gets into the business of training them 1
and they stay for awhile and move on. 2
3
MOTION/SECOND: Marty/Mueller. To Amend the Position Description for Essential Duties 4
and responsibilities to amend Item 2 from be available as needed to be available and coordinate 5
local candidates forums and town hall meetings and on Page 2 under Peripheral duties assist in 6
other areas as designated aimed at transitioning into website and newsletter duties as possible 7
growth goals. 8
9
Community Development Director Ericson suggested assists in other areas with future potential 10
duties to include website maintenance and city newsletter duties. 11
12
Council Member Flaherty explained that the Human Resources Committee discussed the duties 13
and agreed to leave the description ambiguous so that it is at the discretion of the City what the 14
duties will be. 15
16
Barbara Haake said that the duty of doing a candidates meeting and town hall meetings are the 17
most important meetings that the City has so she feels it is very important to have this person 18
responsible for it. 19
20
Mayor Marty agreed to remove the language about website maintenance and newsletter duties 21
and then explain it to the candidate as they get into the position. 22
23
Mayor Marty withdrew his motion to amend the peripheral duties and left the amendment to be 24
available and coordinate local candidates forums. 25
26
The seconder agreed. 27
28
Council Member Stigney said that the reason for the peripheral duties is because there was an 29
issue with the previous coordinator who thought they only worked days and not nights. 30
31
Council Member Flaherty noted that the resolution is to advertise for hire so he is not sure if it 32
needs an amendment to change the language of the job description. 33
34
Council agreed to the language change for the position description. 35
36
Mayor Marty withdrew his motion and the seconder agreed. 37
38
Ayes – 3 Nays – 2(Hull/Stigney) Motion carried. 39
40
H. First Reading and Introduction of Ordinance 789, an Ordinance Amending 41
Section 607.08 (Noise Control Regulations) Relating to Construction Noise 42
43
Community Development Director Ericson indicated that with the amount of construction 44
occurring in neighborhoods residents are surprised to learn that contractors can begin at 6:00 a.m. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 10
on their work. He then said that Staff feels that 6:00 a.m. is a little early and this amendment to 1
the Ordinance would bring this portion of the ordinance more in line with the nuisance ordinance 2
Relating to noise. 3
4
Staff reviewed the proposed language changes and suggested allowing work on Sundays from 5
10:00 a.m. to 6:00 p.m. rather than prohibiting it completely to give flexibility to residents who 6
do want to work on their home but provide some assurance that the next door neighbor would not 7
be awakened by the construction noise. 8
9
Council Member Stigney said that a lot of roofing takes place over the weekends so he has an 10
issue with limiting timing because if they are doing a roof that needs to go until it is done. 11
12
Director Ericson said that the Code does not presently allow working on your house on Sundays 13
right now. 14
15
Council Member Flaherty said that he hates to legislate when people can work on their own 16
homes so he is okay with Monday through Sunday. 17
18
David Jahnke of 8428 Eastwood Road said that work is done on weekends now and neighbors do 19
not seem to have an issue with it. 20
21
Council Member Mueller suggested sunup to sundown. 22
23
Council Member Flaherty would prefer the 7:00 a.m. to 10:00 p.m. Monday through Sunday. 24
25
Council agreed with the 7:00a.m. to 10:00p.m. Sunday times. 26
27
MOTION/SECOND: Mueller/Hull. To Waive the Reading, Introduce the First Reading, and 28
Approve Ordinance 789, an Ordinance Amending Section 607.08 (Noise Control Regulations) 29
Relating to Construction Noise as Amended. 30
31
Ayes – 5 Nays – 0 Motion carried. 32
33
I. First Reading and Introduction of Ordinance 792, an Ordinance Amending 34
Chapter 1202 (Subdivision Plats and Procedures) of the Mounds View 35
Municipal Code 36
37
Community Development Director Ericson explained that this would provide a way for the City 38
to require other conditions if they are reasonable and related to the project. Staff and the City 39
Attorney is recommending approval of introduction of this Ordinance. 40
41
Council Member Mueller asked whether someone could suggest that the City used aesthetics to 42
discriminate against the project. 43
44
Mounds View City Council May 14, 2007
Regular Meeting Page 11
Council discussed it briefly and gave examples of what the term aesthetics meant and how they 1
read it. 2
3
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading, Introduce the First Reading and 4
Approve Ordinance 792, an Ordinance Amending Chapter 1202 (Subdivision Plats and 5
Procedures) of the Mounds View Municipal Code. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
J. Second Reading and Adoption of Ordinance 786, an Ordinance Amending 10
Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 11
Protection (Roll Call Vote) 12
13
Community Development Director Ericson explained that this will provide some strengthening 14
of the wetland protection requirements to allow the City to stop work in a wetland area that is not 15
in compliance with the Code. He then asked for approval to publish a summary of the 16
Ordinance. 17
18
Mayor Marty read the violation penalty section including the added language. 19
20
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 786, an 21
Ordinance Amending Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 22
Protection. 23
24
ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
K. Resolution 7082, Authorizing the Advertisement to Fill the Economic 29
Development Coordinator Position 30
31
Community Development Director Ericson explained that Mr. Backman has resigned from his 32
position and Staff has put together an announcement for the position and it is the Economic 33
Development Specialist rather than the Economic Development Coordinator as it has been 34
referred to. 35
36
Staff would like to interview June 18 through 20 and hopefully have a candidate for 37
consideration at the June 25, 2007 meeting. 38
39
Council Member Flaherty commented that he agrees that there is a lot going on and this position 40
has been invaluable to the City and needs to be filled as quickly as possible. He then suggested 41
on the posting to remove the starting salary. 42
43
Director Ericson said that the range, at least, should be included to allow those interested to know 44
what the position would pay. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 12
1
Mayor Marty agreed. 2
3
Council Member Stigney said he likes the way it is worded right now as it is an anticipated 4
starting range. He then said that the open ended version he does not like. 5
6
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7082, 7
Authorizing the Advertisement to Fill the Economic Development Specialist Position. 8
9
Council asked that the wording be changed to specialist throughout the posting. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
L. Resolution 7083, Establishing the Comprehensive Plan Task Force 14
15
Community Development Director Ericson suggested that the Task Force be comprised of one 16
member of each Commission, one member of Council, someone from the Chamber of 17
Commerce, and four positions at large for a nine member Task Force. 18
19
Council Member Flaherty said that his only question is whether to limit the number of members 20
at large as the City wants to promote resident involvement. 21
22
Mayor Marty agreed and said that he would like to leave it from four to six residents at large. 23
24
Council Member Stigney asked that the wording of Boards be removed because the City has no 25
Boards. 26
27
MOTION/SECOND: Hull/Stigney. To Waive the Reading and Approve Resolution 7083, 28
Establishing the Comprehensive Plan Task Force as Amended. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
M. Resolution 7067, Approving the Purchase of a Spaulding RMV Hot 33
Patcher/Asphalt Recycler Unit 34
35
MOTION/SECOND: Flaherty/Marty. To Continue the Council Meeting for 30 Minutes. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
Public Works Director Lee indicated that there are 27 miles of streets to be maintained. He then 40
explained that the City is not getting the asphalt heated well enough to get the compaction 41
necessary for a good pothole repair. 42
43
Director Lee explained that $30,000 was budgeted for this item but Staff determined that the 44
larger unit was not necessary. Staff recommends approval of the purchase of the hot patcher. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 13
1
Mayor Marty listed everything included with the $19,500 price for the asphalt patcher. 2
3
Director Lee indicated that the triple insulating would require the use of less propane. 4
5
Council Member Mueller asked if the City still needs to go down to pick up the asphalt or if this 6
would give the City the ability to heat it up. 7
8
Director Lee indicated that they should not have anything to heat up here as it maintains heat and 9
it can all be used up. He then said that one person goes down and picks up the product and the 10
rest of the crew meets them at the job site. 11
12
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7067, 13
Approving the Purchase of a Spaulding RMV Hot Patcher/Asphalt Recycler Unit. 14
15
Council Member Flaherty thanked Staff for the information in the report. He then said that he 16
was not aware of the waste of asphalt since it was cooling down and could not be used. 17
18
Council Member Stigney asked how the asphalt will be compacted. 19
20
Director Lee said that they have a roller. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
N. Resolution 7054, Approving the Purchase of a Frost Breaker 25
26
Public Works Director Lee explained that there are between six and twelve watermain breaks per 27
year and they usually occur during the winter months. This requires breaking through the frost to 28
get to the watermain break. This piece of equipment would be attached to a piece of equipment 29
to break through the frost and allow for repair of the watermain. 30
31
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7054, 32
Approving the Purchase of a Frost Breaker. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
O. Resolution 7066, Approving the Purchase of a Replacement Trim Mower for 37
the Parks Division 38
39
Public Works Director Lee explained that the City does have a trim mower that is approximately 40
six years old but the City mechanic has looked at it and recommends replacement as the mower 41
deck is warped and there are issues with the PTO driveshaft and other items to be replaced. Staff 42
recommends replacement of the mower based on the recommendations of the mechanic. 43
44
Mounds View City Council May 14, 2007
Regular Meeting Page 14
MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7066, 1
Approving the Purchase of a Replacement Trim Mower for the Parks Division. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
8. CONSENT AGENDA 6
7
A. Licenses for Approval 8
B. Resolution 7078 Authorizing the City Administrator to sign the Addendum to 9
the Joint Powers Agreement with the Southwest Cooperative Group Insurance 10
Pool 11
C. Resolution 7084 Approving a Restaurant License for Totino’s Italian 12
D. Schedule a Public Hearing for Monday, June 11, 2007 at 7:05 p.m. to Consider 13
an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 14
2840 County Highway 10 15
E. Schedule a Public Hearing for Monday, June 11, 2007 at 7:10 p.m. to Consider 16
an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 17
2345 County Road H2 18
F. Schedule a Public Hearing for Monday, June 11, 2007 at 7:15 to Consider an Off 19
Sale Intoxicating liquor License Renewal for Big Top Liquor located at 2577 20
County Highway 10 21
G. Schedule a Public Hearing for Monday, June 11, 2007 at 7:20 p.m. to Consider 22
an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located 23
at 2394 County Highway 10 24
H. Schedule a Public Hearing for Monday, June 11, 2007 at 7:25 p.m. to Consider 25
an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and 26
Entertainment located at 2400 County Highway 10 27
I. Schedule a Public Hearing for Monday, June 11, 2007 at 7:30 p.m. to Consider 28
an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 29
2200 Highway 10 30
J. Schedule a Public Hearing for Monday, June 11, 2007 at 7:35 p.m. to Consider 31
an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 32
County Highway 10 33
K. Resolution 7081 Authorizing Staff to Purchase Broadband Service for the 34
Community Center Banquet Facility and Lobby Area 35
L. Resolution 7086 Approving and Authorizing the Execution of an Agreement 36
Rider with the Board of Water Commissioners of the City of St. Paul for Work 37
Associated with the County Road 10 Trailway Project: Segments 9 & 10 38
39
Council Member Stigney asked that items C and K be removed for discussion. 40
41
MOTION/SECOND: Mueller/Flaherty. To Approve the Consent Agenda Items A, B, D, E, F, 42
G, H, I, J and L as Presented. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 15
1
C. Resolution 7084 Approving a Restaurant License for Totino’s Italian 2
Kitchen Located at 2535 County Highway 10 3
4
Council Member Stigney asked that the word license be added to the Resolution for clarity. 5
6
MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7084, Approving a Restaurant 7
License for Totino’s Italian Kitchen Located at 2535 County Highway 10 as Amended. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
K. Resolution 7081, Authorizing Staff to Purchase Broadband Service 12
for the Community Center Banquet Facility and Lobby Area 13
14
Council Member Stigney asked whether this is really necessary. 15
16
Finance Director Beer explained that this would be for the banquet center as the YMCA is on the 17
City’s network. 18
19
Council Member Stigney asked how much use of the banquet center can be expected by having 20
high speed internet at the banquet center. 21
22
Finance Director Beer indicated that in order to pursue daytime business for training and business 23
meetings internet access is required. 24
25
Council Member Stigney would like to have a hardwired internet access for the Community 26
Center and not wi-fi. 27
28
Council Member Mueller indicated that there is a resident who has rooms reserved for classroom 29
instruction for the families of the children she teaches and, having this access, would allow 30
families to bring in laptops and do some training in the classroom setting. 31
32
Finance Director Beer indicated that the Chamber of Commerce has agreed to share in the costs 33
for this service with the City and he has talked to the day care and they may be interested as well. 34
35
Council Member Flaherty said that they are missing the business community for training classes 36
and this is necessary to bring them in. 37
38
Mayor Marty would like to see if the daycare facility would like to cost share as well. 39
40
Finance Director Beer explained that the $200 per node is a one time charge. 41
42
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7081, 43
Authorizing Staff to Purchase Broadband Service for the Community Center Banquet Facility 44
and Lobby Area. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 16
1
Ayes – 5 Nays – 0 Motion carried. 2
3
9. JUST AND CORRECT CLAIMS 4
5
Mayor Marty indicated that he stopped in and talked to Staff about his questions today. 6
7
Council Member Flaherty requested clarification on Page 16 for street opening refund. 8
9
Finance Director Beer explained that if a contractor has to open a street the City requires a 10
deposit and then, when the work is completed, the deposit is returned. 11
12
MOTION/SECOND: Flaherty/Mueller. To Approve Just and Correct Claims as Presented. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
10. APPROVAL OF MINUTES 17
18
A. March 26, 2007 19
20
Mayor Marty requested the following changes: On Page 6 last paragraph but that seeding 21
resulted in a significant cost savings which he concurred with. 8D line 26 not sure why that was 22
stricken out because it was discussed. On Page 10, Line 34, of what other revenues are. 23
24
MOTION/SECOND: Mueller/Marty. To Approve the March 26, 2007 City Council Meeting 25
Minutes as Amended. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
B. April 9, 2007 30
31
Mayor Marty requested the following changes: On Page 6, Line 36 insert “on” the dispenser. 32
Line 1, Page 7, insert stated after Ericson. Page 12, Line 9, insert regulations after sign. 33
34
MOTION/SECOND: Marty/Mueller. To Approve the April 9, 2007 City Council Meeting 35
Minutes as Amended. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
C. Executive Session April 9, 2007 40
41
MOTION/SECOND: Mueller/Flaherty. To Approve the April 9, 2007 Executive Session 42
Meeting Minutes as Presented. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council May 14, 2007
Regular Meeting Page 17
1
11. REPORTS 2
3
A. Reports of Mayor and Council 4
5
Council Member Stigney said he would like to discuss the outdoor license fee structure at a work 6
session. 7
8
Council Member Mueller noted that the Festival in the Park Committee would be meeting at 9
McDonalds at 7:00 p.m. on May 15, 2007 and invited anyone interested to attend. The design a 10
t-shirt contest had several entries and a winner will be selected. She then said that they are 11
planning a car show for the Sunday of the Festival. 12
13
Council Member Mueller said that the appreciation luncheon for Staff was held last week and 14
she feels that the Staff does a really good job for the community. 15
16
Mayor Marty said that Jim Clark had a meeting with his motorcycle club and they are interested 17
in participating in the Festival parade. 18
19
B. Reports of Staff 20
21
Finance Director Beer noted that Ricochet will be coming to test equipment. He then said that 22
there is a part time IT person in the public works department and, with the impending street 23
improvement projects, his time will be focused on public works and Council Member Mueller 24
had asked whether Roseville could give the City more time and they are able to provide a full 25
time person on Monday and Thursday. 26
27
Community Development Director Ericson reminded everyone of Spring Clean Up Day on 28
Saturday, May 19, 2007. 29
30
C. Reports of City Attorney 31
32
None. 33
34
12. Next Council Work Session: Monday, June 4, 2007, at 7 p.m. 35
Next Council Meeting: Tuesday, May 29, 2007 at 7 p.m. 36
Mounds View City Council May 14, 2007
Regular Meeting Page 18
1
Mayor Marty noted that the Street and Utility Task Force meets on Monday, May 21, 2007 at 2
5:30 p.m. 3
4
13. ADJOURNMENT 5
6
The meeting was adjourned at xx:xx p.m. 7
8
Transcribed by: 9
10
Joan Lenzmeier, Recording Secretary 11
TimeSaver Off Site Secretarial, Inc. 12
Corrections made by Roger Stigney, City Councilmember; Kurt Ulrich, City Administrator and Jim Ericson, Community Development Director
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
June 11, 2007 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Stigney, Hull, Flaherty, Mueller, and Marty 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, June 11, 2007 City Council Agenda 22
23
City Administrator Ulrich noted that Item 8D was amended to be the Second Reading and 24
Adoption. 25
26
Mayor Marty would like to read a short letter from Citizen of the Year, Ed Lanz, under Special 27
Orders of Business. 28
29
MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, June 11, 2007 City Council 30
Agenda as Amended. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
5. PUBLIC INPUT 35
36
Rick Perozzi of 7791 Groveland Road said that he received a message from Staff but it did not 37
tell him how to go about taking the light pole off his property. 38
39
Community Development Director Ericson explained that the lightpole is incorrectly located in 40
the parking lot and that was communicated to Mr. Perozzi. This is not something that the City 41
would have approved had it been known up front and now this is a matter to be resolved by Mr. 42
Perozzi and the other property owner. 43
44
Mounds View City Council June 11, 2007
Regular Meeting Page 2
Mr. Perozzi would like to know what the setbacks are on the property. He then said that he just 1
wants to get the parking lot in. He further said that there is a utility on their property that was 2
ignored and neglected and they have a grading issue that causes water to run to their property. 3
4
Director Ericson indicated that there is 10% of the bond left and he will work with the parties to 5
move the process along. 6
7
David Jahnke of 8428 Eastwood Road said that he watched the work session and there was 8
discussion of getting rid of the franchise fees. 9
10
Mayor Marty indicated that was a goal of the City ever since it was first implemented but he 11
would not pursue at this time. 12
13
Mr. Jahnke said that he is happy that Mayor Marty changed his mind on Medtronic as they are a 14
large contributor. He then said that 60% of the franchise fees comes from businesses. 15
16
Dan Mueller of 8343 Groveland Road wanted to beat the rush on campfire issues. He then said 17
that he was wondering if Council is going to have to have residents ask if it is okay to plant 18
certain types of flowers if the City is going to limit fires due to allergies. He further said that this 19
is a shame to go this far because a couple of people cannot get along. 20
21
Dan Mueller said that he wonders if he needs a permit for his smoking of fish or brisket and 22
other cooking and whether he needs a permit for mowing the lawn if it is dusty so as not to cause 23
issues with allergies. 24
25
Mr. Mueller said that residents pay high taxes and he does not think it is necessary to add another 26
permit for a camp fire. 27
28
Mayor Marty indicated that Council will be discussing the matter further at another work session. 29
30
6. SPECIAL ORDER OF BUISNESS 31
32
A. Malloy, Montague, Kamowski, Radosevich, & Co. P.A., to Present the City’s 33
December 31, 2006 Comprehensive Annual Financial Report and 34
Management Report 35
Mounds View City Council June 11, 2007
Regular Meeting Page 3
Finance Director Beer introduced Aaron Nielson who presented the Annual Financial Report and 1
Management Report to Council. 2
3
Council Member Flaherty indicated he spoke with the Finance Director today to clarify market 4
value homestead credit and the City will get a larger credit this year and that will allow the Citify 5
to reduce the levy. 6
7
B. Northwest Youth and Family Services Presentation (Kaye Andrews) 8
9
Kay Andrews and Jerry Hromatka appeared before Council and provided information on 10
Northwest Youth and Family Services. 11
12
Council member Mueller asked Jerry Hromatka where the Oak Grove Middle School is located. 13
14
Mr. Hromatka indicated that it is off of Lexington and serves part of the Mounds View School 15
District. 16
17
Mayor Marty said that he served as a representative to Mounds View on this board and this is an 18
outstanding organization for the City. He then pointed out that the total cost of services received 19
by Mounds View residents was $305,885 and the City contribution is $17,405. 20
21
Mayor Marty thanked the representatives for the good work they are doing for the community. 22
23
C. Letter from Mounds View Citizen of the Year 24
25
Mayor Marty read the letter received from Ed Lanz, the Citizen of the Year. 26
27
Mayor Marty thanked all the Scout Leaders in the community that volunteer and give back along 28
with all the coaches for all the park and recreation teams. 29
30
7. COUNCIL BUSINESS 31
32
A. Public Hearing, Resolution 7091, a Resolution to Consider an Off Sale 33
Intoxicating Liquor License Renewal for ABC Liquor Located at 2840 34
County Highway 10 35
36
Assistant to the Administrator Crane asked for Council consideration of renewal of the liquor 37
license for ABC Liquor. 38
39
Mayor Marty opened the public hearing. 40
41
Hearing no public comments, Mayor Marty closed the public hearing at 7:50 p.m. 42
43
Council Member Mueller asked when the compliance check was done. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 4
Staff indicated it was done on May 12, 2007. 1
2
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7091, a 3
Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 4
Located at 2840 County Highway 10. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
B. Public Hearing, Resolution 7092, a Resolution to Consider an Off Sale 9
Intoxicating Liquor License Renewal for Vino & Stogies Located at 2345 10
County Road H2 11
12
Assistant to the Administrator Crane asked for Council consideration of a renewal of the liquor 13
license for Vino & Stogies. 14
15
Mayor Marty opened the public hearing at 7:52 p.m. 16
17
Hearing no public comments, Mayor Marty closed the public hearing at 7:52 p.m. 18
19
Council Member Flaherty asked Mr. Waste if he was familiar with the recent police reports. He 20
then asked Mr. Waste what happened. 21
22
Mr. Waste said that his store was not involved but his brother had a party in the basement of the 23
home portion attached to his store. The store was locked and the alarm system was on. 24
25
Council Member Flaherty asked if there is an entry way from the home to the facility and who 26
holds the key. 27
28
Mr. Waste indicated that his brother and one employee have the key. He then said that he was 29
not there and was not involved at all with the party. 30
31
Council Member Mueller said that there are a lot of questions and thanked him for coming. She 32
then asked if anyone living at the residence works for him. 33
34
Mr. Waste said that they do not. 35
36
Mayor Marty said that something he found disturbing is that the memo from the Police Chief 37
states that he finds it difficult to believe that Mr. Waste could be unaware of the party especially 38
when the parties were advertised with business cards for the next date of the party. 39
40
Mr. Waste said he knows nothing about business cards. 41
42
Council Member Flaherty asked if Mr. Waste has seen the police report from the Chief. He then 43
said that Mr. Waste is familiar with the circumstances and he is the license holder and the home 44
has the same address as the business so the home is part of the business, in his opinion. 45
Mounds View City Council June 11, 2007
Regular Meeting Page 5
1
Council Member Flaherty asked if Mr. Waste was aware of anything that was going on in the 2
house with his renters. 3
4
Mr. Waste indicated that he knew there was a party planned but he did not know he was charging 5
for it. He then said that he was surprised to find out that they were charging to get into the party 6
when it was told to him to be a party to celebrate his son’s return from the service. 7
8
Mr. Waste indicated that he is not his renter because the family owns the house as part of their 9
dad’s estate. 10
11
Mr. Waste said that the alarm company has records of when the alarm is set and whether anyone 12
re-enters so that would provide information that no one is accessing after hours. 13
14
Council Member Mueller said that, as a parent, she is concerned that if one of her underage 15
children came home intoxicated she would be angry with any responsible adults that contributed 16
to the intoxication. She then said that it is unfortunate that the addresses are the same for the 17
business and the residence because that may be a signal to underage people that they can go into 18
the business and buy. 19
20
Council recessed at 8:04 p.m. to allow the Mayor to confer with City Administrator Ulrich and 21
Chief Sommer. 22
23
Council reconvened. 24
25
Chief Sommer provided a summary indicated that there were drinking parties being held in the 26
basement at this address and looked into it and executed a search warrant on May 5, 2007. At 27
that time there were 30 people present and they paid an amount to get a wrist band and there 28
were 11 underage people there and some were charged. The resident was charged with a gross 29
misdemeanor charge operating a disorderly house and the ex-wife was charged with providing 30
alcohol to someone under 21 years of age. 31
32
Council Member Mueller asked about the 11 underage people and why only 6 were charged with 33
underage consumption. 34
35
Chief Sommer indicated that they were all tested and only 6 tested positive for alcohol. They 36
were charged with misdemeanor underage consumption. 37
38
Chief Sommer indicated that the police sent in someone under the age of 21 who was a stranger 39
to the family who informed them that she was under 21 and were given a wrist band for $15.00. 40
41
Council Member Mueller asked if the business has ever failed a liquor compliance check before. 42
43
Chief Sommer indicated that the business has not. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 6
Council Member Stigney said that he is confused because Robert Waste is not a party to this and 1
asked whether the Chief feels that he should be held accountable and whether the license should 2
not be renewed because of activities in the building. 3
4
Council Member Flaherty asked if there was a way to find out where the alcohol was purchased 5
from. 6
7
Chief Sommer indicated it would be difficult to do so. He then said that Edward Waste stated 8
that he purchases the alcohol retail from either Vino & Stogies or other liquor stores. 9
10
Council Member Flaherty asked whether the alcohol came from Mr. Waste’s store. He then 11
asked how a residence and a business exist in one building at the same address. 12
13
Community Development Director Ericson explained that the family bought the property back in 14
the 1950’s prior to the enactment of the enactment of the Zoning Code so this is considered a 15
legal nonconforming use. 16
17
Mayor Marty asked whether the central office or records from the security service could provide 18
information on when the alarms are on and off. 19
20
MOTION/SECOND: Marty/Mueller. To Move this to the June 25, 2007 Council Meeting to 21
Consider Possibility of Non-Renewal and To Allow Time for Information to be Obtained from 22
the Alarm Company and Authorize a Public Hearing to Consider Suspension of a Liquor 23
License. 24
25
Mayor Marty said that the City Attorney would be at the June 25, 2007 meeting for guidance and 26
there is still time to renew prior to expiration of the license. 27
28
Council Member Mueller said that utility bills are behind and she would like to get that caught 29
up. 30
31
Mayor Marty said he would like the fire inspection done so that Council can move forward with 32
renewal if that is the desire of Council. 33
34
Mr. Waste indicated that the fire inspector had already been in to check. 35
36
Council Member Mueller asked whether Edward Waste or the other person involved in this 37
incident is employed by Mr. Waste. 38
39
Mr. Waste said that they are not. 40
41
Council Member Stigney said that from the motion made it sounded as if Mr. Waste can’t prove 42
his store was closed and locked then he should lose his license and he is not so sure that should 43
be the case. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 7
City Administrator Ulrich explained that the motion is for a public hearing for suspension or 1
revocation of the license on June 25, 2007 and to postpone action tonight. 2
Council Member Flaherty asked that Mr. Waste be provided with Section 502.16 on permits and 3
responsibilities for license holders in Mounds View. 4
5
Council asked for proof that Mr. Waste is leasing space from the estate. 6
7
Council Member Mueller asked whether anyone has ever lived in the residence that has not been 8
a family member. 9
10
Mr. Waste indicated that there is always at least one family member but there have been 11
roommates. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
C. Public Hearing, Resolution 7094, Resolution to Consider an Off Sale 16
Intoxicating Liquor License Renewal for Big Top Liquor Located at 2577 17
County Highway 10 18
19
Assistant to the Administrator Crane requested Council consideration of renewal of the liquor 20
license for Big Top Liquor. 21
22
Mayor Marty opened the public hearing at 8:34 p.m. 23
24
Hearing no public comments, Mayor Marty closed the public hearing at 8:34 p.m. 25
26
MOTION/SECOND: Stigney/Hull. To Waive the Reading and Approve Resolution 7094, a 27
Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor 28
Located at 2577 County Highway 10. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
D. Public Hearing, Resolution 7095, Resolution to Consider an On Sale Wine 33
and 3.2 Malt Liquor License Renewal for Taiko Sushi Located at 2394 34
County Highway 10 35
36
Assistant to the Administrator Crane requested Council consideration of renewal of the liquor 37
license for Taiko Sushi and noted that the certificate of liability insurance was received on 38
Friday. Taiko Sushi did fail their compliance check when conducted. 39
40
Mayor Marty opened the public hearing at 8:36 p.m. 41
42
Hearing no public comments, Mayor Marty closed the public hearing at 8:36 p.m. 43
44
Mounds View City Council June 11, 2007
Regular Meeting Page 8
Mayor Marty said that the Certificate of Liability Insurance was received but, the City approved 1
the initial license, without the Certificate. 2
3
Assistant to the Administrator Crane indicated that the City had it for the last renewal. 4
5
Council Member Flaherty said that there was a failure of a compliance check and asked if the 6
establishment will be monitored to ensure compliance. 7
8
Chief Sommer indicated that the waitress sold alcohol to the person even though the underage 9
license was presented. He then said that the person was charged with a crime with the potential 10
of a $3,000 fine for selling to an underage person so that sends a clear message. 11
12
Council Member Mueller asked how long this business has had a license. 13
14
Assistant to the Administrator Crane indicated that they have had a license for two years. 15
16
Mayor Marty would like the consequences of another failed compliance check relayed to the 17
license holder. 18
19
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7095, a 20
Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi 21
Located at 2394 County Highway 10. 22
23
Council Member Flaherty would like this to come back to Council for consideration of 24
revocation or suspension if there is another failed compliance check. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
E. Public Hearing, Resolution 7096, Resolution to Consider an On Sale 29
Intoxicating Liquor License Renewal for Robert’s Sports Bar and 30
Entertainment Located at 2400 County Road H2 31
32
Assistant to the Administrator Crane requested Council consideration of renewal of the liquor 33
license for Robert’s Sports Bar and Entertainment. Roberts does have an outstanding utility bill 34
at this time. 35
36
Mayor Marty opened the public hearing at 8:44 p.m. 37
38
Hearing no public comments, Mayor Marty closed the public hearing at 8:44 p.m. 39
40
Council Member Flaherty said that the last time this license came forward there were some issues 41
with noise and he is happy to report that those items have been resolved and he has not heard any 42
noise complaints out of Roberts since then. 43
44
Mounds View City Council June 11, 2007
Regular Meeting Page 9
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7096, a 1
Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar 2
and Entertainment Located at 2400 County Road H2. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
F. Public Hearing, Resolution 7097, Resolution to Consider an On Sale 7
Intoxicating Liquor License Renewal for The Mermaid Located at 2200 8
County Highway 10 9
10
Assistant to the Administrator Crane requested Council consideration of approval of a liquor 11
license renewal for The Mermaid. 12
13
Mayor Marty opened the public hearing at 8:48 p.m. 14
15
Hearing no public comments, Mayor Marty closed the public hearing at 8:48 p.m. 16
17
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7097, a 18
Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid 19
Located at 2200 County Highway 10. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
G. Public Hearing, Resolution 7098, Resolution to Consider an On Sale 24
Intoxicating Liquor License Renewal for Moe’s Located at 2400 County 25
Highway 10 26
27
Assistant to the Administrator Crane requested Council consideration of a liquor license renewal 28
for Moe’s. 29
30
Mayor Marty opened the public hearing at 8:50 p.m. 31
32
Hearing no public comments, Mayor Marty closed the public hearing at 8:50 p.m. 33
34
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7098, a 35
Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s Located at 36
2400 County Highway 10. 37
38
Council Member Flaherty asked whether this would be the appropriate time to bring up an issue 39
that pertains to this. He then said that he called City Administrator Ulrich and he would like the 40
fire inspections done before these are brought before the Council rather than having them 41
pending. 42
43
Mounds View City Council June 11, 2007
Regular Meeting Page 10
City Administrator Ulrich indicated that there is no statutory requirement for inspections and, if 1
Council would like to see them prior to consideration, Staff can work to accommodate that in the 2
future.. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
7
H. Public Hearing, Resolution 8005 to Consider a Conditional Use Permit for 8
Merryville Farms to Locate a Summer Seasonal Produce Stand Annually 9
in the Parking Lot of the Mermaid, 2200 County Highway 10 10
11
Planner Heller explained that Merryville Farms was looking for a new location and The Mermaid 12
has offered their parking lot. 13
14
Mayor Marty opened the public hearing at 8:57 p.m. 15
16
Hearing no public comments, Mayor Marty closed the public hearing at 8:57 p.m. 17
18
Council Member Mueller asked whether there was consideration of locating this vegetable stand 19
at the City property. 20
21
Planner Heller said that the use would have to be allowed and they tried to get an agreement with 22
Walgreen’s but that did not work out. She then explained that the available locations are quite 23
limited. 24
25
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 8005, a 26
Resolution to Consider a Conditional Use Permit for Merryville Farms to Locate a Summer 27
Seasonal Produce Stand Annually in the Parking Lot of the Mermaid, 2200 County Highway 10. 28
29
Council Member Mueller asked whether this goes on indefinitely. 30
31
Mayor Marty indicated that it will continue unless there are any issues or changes. 32
33
Council Member Mueller asked whether the City can reconsider the CUP if there are issues. 34
35
Community Development Director Ericson explained that there is a condition of approval that 36
would allow the City to reconsider for certain reasons. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
I. Resolution 7099, Approving a Step Increase for Justin Solberg, Mounds 41
View PSO and Police Officer Ben Knitter 42
43
City Administrator Ulrich read Resolution 7099. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 11
MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7099, Approving a Step 1
Increase for Justin Solberg, Mounds View PSO and Police Officer Ben Knitter. 2
3
Mayor Marty thanked Staff for bringing these to Council prior to the anniversary dates. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
J. Resolution 7033, Adopting City Vision and Mission Statement, Goals 7
Program, Values Statement, Rules of Conduct, and Action Plan 8
9
City Administrator Ulrich indicated that Council annually adopts its goals and mission statement. 10
11
Mayor Marty indicated that this information was provided to residents at the town hall meeting. 12
13
MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7033, 14
Adopting a City Vision and Mission Statement, Goals Program, Values Statement, Rules of 15
Conduct, and Action Plan. 16
17
Council Member Stigney asked about rule number 8 of the Rules of Conduct as he has issues 18
with the language because he does not think that it is germane to what the Council does. 19
20
Council agreed that there was a wording change that does not appear in this version. 21
22
Motion withdrawn. 23
24
MOTION/SECOND: Stigney/Marty. To Postpone Resolution 7033, Adopting a City Vision and 25
Mission Statement, Goals Program, Values Statement, Rules of Conduct, and Action Plan. 26
27
Council Member Mueller said that the original language said that council members praise in 28
public and criticize in private and discipline. 29
30
Council would like clarification. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
K. Resolution 7093, Supporting an Application for the Governor’s 2008 35
Bonding Bill Toward the Highway 96, Highway 10 and County Road H 36
Interchange Projects 37
38
City Administrator Ulrich explained that this item was a request from Arden Hills for support of 39
efforts to obtain state bonding money for the upgrade of the bridge across 35W at County Road 40
H. 41
42
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7093, 43
Supporting an Application for the Governor’s 2008 Bonding Bill Toward the Highway 96, 44
Highway 10 and County Road H Interchange Projects. 45
Mounds View City Council June 11, 2007
Regular Meeting Page 12
1
Council Member Flaherty said that he would like to help out a neighboring city and noted that 2
development of the TCAAP property will be a major undertaking for them. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
L. Resolution 8002, To Permit the PSO to Work Full Time Hours Through the 7
End of August 8
9
Community Development Director Ericson said that there is some concern amongst the residents 10
that there is a need to be out responding to complaints on nuisance code violations and there are 11
some properties going into foreclosure keeping staff very busy. Staff is recommending that the 12
PSO be allowed to work full time for the remainder of the summer and allow Staff to get a better 13
handle on some of these nuisance code violations. 14
15
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 8002, 16
To Permit the PSO to Work Full Time Hours Through the End of August 17
18
Mayor Marty indicated that he was working in Spring Lake Park in the Lions food booth and he 19
met the Spring Lake Park Code Enforcement Inspector 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
M. Resolution 8004, Awarding a Contract for the Oakwood and Hillview Park 24
Playground Equipment Replacement Projects 25
26
Public Works Director Lee reviewed the proposal to purchase new playground equipment at 27
Oakwood and Hillview Park. 28
29
Mayor Marty asked if there is any way to use resident volunteers to assist with assembly and 30
installation to reduce Staff time. 31
32
Mayor Marty asked if there is an additional cost for the more neutral earth tones. 33
34
Director Lee indicated that there would not be an additional charge. 35
36
Council Member Mueller asked for information of where the equipment would be installed for 37
Oakwood Park. 38
39
Director Lee pointed out the location on the map provided. 40
41
Council Member Mueller said that this would be an excellent project for an Eagle Scout. 42
43
Council Member Mueller asked if there is any salvage value to the old equipment or if it has to 44
be destroyed. 45
Mounds View City Council June 11, 2007
Regular Meeting Page 13
1
Director Lee recommended that the equipment be disposed of as there are safety standards that 2
have changed and the equipment does not meet the new standards for safety. 3
4
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 8004, 5
Awarding a Contract for the Oakwood and Hillview Park Playground Equipment Replacement 6
Projects. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
8. CONSENT AGENDA 11
12
A. Licenses for Approval 13
B. Resolution 7079, Authorizing the Purchase of a Pitney Bowes Postage 14
Machine 15
C. Set a Public Hearing for 7:05 p.m., Monday, June 25, 2007 to Consider the 16
First Reading and Introduction of Ordinance 793, an Ordinance Amending 17
the Mounds View Zoning Code Relating to the Former PF Zoning District 18
D. Set a Public Hearing for 7:10 p.m., Monday, June 25, 2007, for a Second 19
Reading and Adoption of Ordinance 790, an Ordinance Amending Chapter 3 20
and 5 of the Mounds View City Charter 21
E. Set a Public Hearing for 7:15 p.m., Monday, June 25, 2007, to Consider an 22
Off Sale 3.2 Malt Liquor License for SuperAmerica Located at 2640 County 23
Road I in Mounds View 24
F. Resolution 8003, Approving the 2007 – 2008 Mounds View Business Licenses 25
G. Resolution 7090 Approving a Service Contract for the City Hall Elevator 26
27
Council Member Stigney requested that Item G be removed for discussion. 28
29
Council Member Flaherty requested that Item A be removed for discussion. 30
31
MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Items C, D, E and F 32
as Presented. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
A. Licenses for Approval 37
38
Council Member Flaherty realized he meant to remove Item 8F. 39
40
MOTION/SECOND: Mueller/Marty. To Approve Consent Agenda Item A, Licenses for 41
Approval. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 14
Council Member Flaherty apologized, indicating he had meant to pull item 8F, not 8A. he had a 1
question about the toboacco license renewal for ABC Liquor. 2
3
4
Council struck that license renewal from the list. 5
6
G. Resolution 7090 Approving a Service Contract for the City Hall 7
Elevator 8
9
Council Member Stigney said that he had questions on the costs and that they were seemingly 10
renegotiated to become low bidder. He then said that the City has a bi-monthly contract now and 11
this is a monthly contract and he is surprised with that since the elevator is used so infrequently. 12
13
Council Member Stigney indicated that people within the industry are stating that there are no 14
annual requirements for testing other than the no load test and he would like to look into this 15
further to see if Staff can be assigned the monthly telephone check before entering into a 16
contract. 17
18
MOTION/SECOND: Marty/Mueller. To Move this to the June 25, 2007 Meeting to Determine 19
whether the Fire Marshall or Other Staff Could Conduct this Test. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
9. JUST AND CORRECT CLAIMS 24
25
Council Member Mueller, Page 13, $19,191.30 for the Spaulding Patcher, she would like to 26
know what this is for. 27
28
Director Lee indicated that it is the hot patch mixer and it is being used. 29
30
MOTION/SECOND: Mueller/Flaherty. To Approve Just and Correct Claims as Presented. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
10. APPROVAL OF MINUTES 35
36
None. 37
38
11. REPORTS 39
40
A. Reports of Mayor and Council 41
42
Mayor Marty noted that Festival in the Park is coming soon. He then thanked those that worked 43
in the dunk tank to raise funds toward the Festival. 44
45
Mounds View City Council June 11, 2007
Regular Meeting Page 15
B. Reports of Staff 1
2
1. Police Department 1st Quarter 2007 Report 3
4
Chief Sommer reviewed his first quarter report with Council. 5
6
Council Member Flaherty said that the department has used 82% of the budget for overtime. 7
8
Finance Director Beer indicated that in the past Staff has reported weekly over time but also 9
included is holiday overtime. He then said that they will work with the Chief on that. 10
11
Mayor Marty asked whether any of this would be recoverable through fines or citations or 12
anything. 13
14
Council Member Flaherty said that he is glad to see that the officers are receiving training. 15
16
Council Member Mueller asked how many cameras there are in the City helping with 17
surveillance. 18
19
Chief Sommer indicated that there are two currently and they have ordered a third. 20
21
Council Member Mueller asked about forfeiture. 22
23
Chief Sommer indicated that there is a course that he is going to attend. 24
25
Chief Sommer indicated that they will be participating in the Torch Run for the Special 26
Olympics and it goes through the City on June 21, 2007. 27
28
Mayor Marty said that since the first of the year residents have come in to complain about 29
various matters and he thinks that the Department, Chief and the Officers are doing an excellent 30
job on behalf of the City. He then said that he has received calls from the Pinewood School area 31
residents who are grateful that parking has been better in that area. 32
33
Council Member Mueller mentioned that the Mounds View Matters July/August Edition is out. 34
If you would like to volunteer at the Festival in the Park celebration there is information on 35
volunteering in it. The winning entry of the Design a T-Shirt Contest was Noelle Manicka and 36
her design will be sent to the printer to be put on the t-shirts. 37
38
Mayor Marty asked if there was any further research into offering City shirts or sweatshirts 39
available. 40
41
City Administrator Ulrich indicated that Staff is gathering quotes and samples for consideration. 42
43
City Administrator Ulrich said that the application date for the Economic Development 44
Coordinator has past and 18 applications were received and are being reviewed by Staff. 45
Mounds View City Council June 11, 2007
Regular Meeting Page 16
1
City Administrator Ulrich indicated that there was a petition on pool fences that will be 2
scheduled for an upcoming meeting. 3
4
Council Member Mueller said that the Street Task Force is making great progress and will meet 5
again next Monday night. 6
7
C. Reports of City Attorney 8
9
None. 10
11
12. Next Council Work Session: Monday, July 2, 2007, at 7 p.m. 12
Next Council Meeting: Monday, June 25, 2007 at 7 p.m. 13
14
15
13. ADJOURNMENT 16
17
The meeting was adjourned at 10:05 p.m. 18
19
Transcribed by: 20
21
Joan Lenzmeier, Recording Secretary 22
TimeSaver Off Site Secretarial, Inc. 23